Arundel Corp. v. United States
District Court, E.D. New York
1Opinion of the Court
MOSCOWITZ, District Judge.
Libelant excepts to the sufficiency of Article “Fifteenth” of respondent’s answer. The libel was for damage caused by the P. T. 43, a public vessel of the United States, and is concededly filed pursuant to the Public Vessels Act, Mar. 3, 1925, c. 428, 43 Stat. 1112, 46 U.S.C.A. § 781 et seq. Article “Fifteenth” sets forth in answer and as a separate defense that the P. T. 43 was lost prior to the time when the libel was filed and that, therefore, “the subject-matter of this suit is not within the jurisdiction of this court.”
The issue resolves itself into a question…
2Cases cited9 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
- Eastern Transportation Co. v. United StatesSupreme Court of the United States · 1927
- Maine v. United StatesCourt of Appeals for the First Circuit · 1943
- Edgewater Realty Co. v. Tenn. Coal, Iron & Railroad Co.District Court, D. Maryland · 1943
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3Cited by4 opinions
- Rutland Railway Corporation v. Brotherhood of Locomotive EngineersCourt of Appeals for the Second Circuit · 1962
- McCarley v. Foster-Milburn Co.District Court, W.D. New York · 1950
- Rutland Railway Corporation v. Brotherhood of Locomotive EngineersCourt of Appeals for the Second Circuit · 1962
- In Re: National Park Service and Public Vessels Buoy Tender No. 450, No. 257, No. 2510, No. 256, No. 2511, No. 290District Court, D. Utah · 2020